Legal analysis
According to relevant laws, the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. From the time of interruption, the limitation period for arbitration shall be recalculated. If the parties cannot apply for arbitration within the time limit for arbitration due to force majeure or other legitimate reasons, the time limit for arbitration shall be during the period of suspension. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the storage period of labor relations, the laborer shall apply for the limitation period of arbitration. However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship, and the limitation period for applying for labor dispute arbitration is one year according to relevant regulations. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. This is what is commonly called a general prescription. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the laborer's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article. This is called special prescription in judicial practice, that is, the prescription is not applicable to labor remuneration disputes during work. In judicial practice, if a labor contract is not signed, it shall be determined and handled by the judicial organ in light of the actual situation. If the employer does not sign a contract with the employee, it is an illegal act of the employer. The employee can not only resign and leave directly, but also claim double salary compensation in accordance with relevant regulations.
legal ground
Article 38 of the Labor Contract Law of People's Republic of China (PRC) * * * The employee may terminate the labor contract under any of the following circumstances: (1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.